Texas 2017 - 85th Regular

Texas House Bill HB2715 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R22919 SMH-F
2	2		By: Darby H.B. No. 2715
3		-	Substitute the following for H.B. No. 2715:
4		-	By: Darby C.S.H.B. No. 2715
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the composition and use of money in the oil and gas
10	8		regulation and cleanup fund.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 81.0531(e), Natural Resources Code, is
13	11		amended to read as follows:
14	12		(e) A penalty collected under this section shall be
15	13		deposited to the credit of the oil and gas regulation and
16	14		[oil-field] cleanup fund.
17	15		SECTION 2. Section 81.067(c), Natural Resources Code, is
18	16		amended to conform to the repeal of Section 81.112, Natural
19	17		Resources Code, by Chapter 470 (S.B. 757), Acts of the 84th
20	18		Legislature, Regular Session, 2015, and is further amended to read
21	19		as follows:
22	20		(c) The fund consists of:
23	21		(1) proceeds from bonds and other financial security
24	22		required by this chapter and benefits under well-specific plugging
25	23		insurance policies described by Section 91.104(c) that are paid to
26	24		the state as contingent beneficiary of the policies, subject to the
27	25		refund provisions of Section 91.1091, if applicable;
28	26		(2) private contributions, including contributions
29	27		made under Section 89.084;
30	28		(3) expenses collected under Section 89.083;
31	29		(4) fees imposed under Section 85.2021;
32	30		(5) costs recovered under Section 91.457 or 91.459;
33	31		(6) proceeds collected under Sections 89.085 and
34	32		91.115;
35	33		(7) interest earned on the funds deposited in the
36	34		fund;
37	35		(8) oil and gas waste hauler permit application fees
38	36		collected under Section 29.015, Water Code;
39	37		(9) costs recovered under Section 91.113(f);
40	38		(10) hazardous oil and gas waste generation fees
41	39		collected under Section 91.605;
42	40		(11) oil-field cleanup regulatory fees on oil
43	41		collected under Section 81.116;
44	42		(12) oil-field cleanup regulatory fees on gas
45	43		collected under Section 81.117;
46	44		(13) fees for a reissued certificate collected under
47	45		Section 91.707;
48	46		(14) fees collected under Section 91.1013;
49	47		(15) fees collected under Section 89.088;
50	48		(16) fees collected under Section 91.142;
51	49		(17) fees collected under Section 91.654;
52	50		(18) costs recovered under Sections 91.656 and 91.657;
53	51		(19) fees collected under Section 81.0521;
54	52		(20) fees collected under Sections 89.024 and 89.026;
55	53		(21) legislative appropriations;
56	54		(22) any surcharges collected under Section 81.070;
57	55		(23) fees collected under Section 91.0115;
58	56		(24) [money deposited to the credit of the fund under
59	57		Section 81.112;
60	58		[(25)] fees collected under Subchapter E, Chapter 121,
61	59		Utilities Code; [and]
62	60		(25) [(26)] fees collected under Section 27.0321,
63	61		Water Code;
64	62		(26) penalties collected under Section 81.0531;
65	63		(27) taxes collected under Chapter 122, Utilities
66	64		Code; and
67	65		(28) penalties and interest collected under
68	66		Subchapter E, Chapter 122, Utilities Code.
69	67		SECTION 3. Effective September 1, 2029, Section 81.067(c),
70	68		Natural Resources Code, is amended to conform to the repeal of
71	69		Section 81.112, Natural Resources Code, by Chapter 470 (S.B. 757),
72	70		Acts of the 84th Legislature, Regular Session, 2015, and is further
73	71		amended to read as follows:
74	72		(c) The fund consists of:
75	73		(1) proceeds from bonds and other financial security
76	74		required by this chapter and benefits under well-specific plugging
77	75		insurance policies described by Section 91.104(c) that are paid to
78	76		the state as contingent beneficiary of the policies, subject to the
79	77		refund provisions of Section 91.1091, if applicable;
80	78		(2) private contributions, including contributions
81	79		made under Section 89.084;
82	80		(3) expenses collected under Section 89.083;
83	81		(4) fees imposed under Section 85.2021;
84	82		(5) costs recovered under Section 91.457 or 91.459;
85	83		(6) proceeds collected under Sections 89.085 and
86	84		91.115;
87	85		(7) interest earned on the funds deposited in the
88	86		fund;
89	87		(8) oil and gas waste hauler permit application fees
90	88		collected under Section 29.015, Water Code;
91	89		(9) costs recovered under Section 91.113(f);
92	90		(10) hazardous oil and gas waste generation fees
93	91		collected under Section 91.605;
94	92		(11) oil-field cleanup regulatory fees on oil
95	93		collected under Section 81.116;
96	94		(12) oil-field cleanup regulatory fees on gas
97	95		collected under Section 81.117;
98	96		(13) fees for a reissued certificate collected under
99	97		Section 91.707;
100	98		(14) fees collected under Section 91.1013;
101	99		(15) fees collected under Section 89.088;
102	100		(16) fees collected under Section 91.142;
103	101		(17) fees collected under Section 91.654;
104	102		(18) costs recovered under Sections 91.656 and 91.657;
105	103		(19) fees collected under Section 81.0521;
106	104		(20) fees collected under Sections 89.024 and 89.026;
107	105		(21) legislative appropriations;
108	106		(22) any surcharges collected under Section 81.070;
109	107		(23) fees collected under Section 91.0115;
110	108		(24) [money deposited to the credit of the fund under
111	109		Section 81.112;
112	110		[(25)] fees collected under Subchapter E, Chapter 121,
113	111		Utilities Code; [and]
114	112		(25) [(26)] fees collected under Section 27.0321,
115	113		Water Code; and
116	114		(26) penalties collected under Section 81.0531.
117	115		SECTION 4. Section 81.068, Natural Resources Code, is
118	116		amended to read as follows:
119	117		Sec. 81.068. PURPOSES OF OIL AND GAS REGULATION AND CLEANUP
120	118		FUND. Money in the oil and gas regulation and cleanup fund may be
121	119		used by the commission or its employees or agents for any purpose
122	120		related to the regulation of oil and gas development, including oil
123	121		and gas monitoring and inspections, oil and gas remediation, and
124	122		oil and gas well plugging, the study and evaluation of electronic
125	123		access to geologic data and surface casing depths necessary to
126	124		protect usable groundwater in this state, alternative fuels
127	125		regulatory programs related to liquefied petroleum gas, compressed
128	126		natural gas, and liquefied natural gas safety [under Section
129	127		81.0681], the administration of pipeline safety and regulatory
130	128		programs, public information and services related to those
131	129		activities, the regulation of the rates and services of gas
132	130		utilities, the administration of surface mining regulatory
133	131		programs, and administrative costs and state benefits for personnel
134	132		involved in those activities.
135	133		SECTION 5. Subchapter C, Chapter 122, Utilities Code, is
136	134		amended by adding Section 122.1035 to read as follows:
137	135		Sec. 122.1035. DEPOSIT OF TAX. A tax collected under this
138	136		chapter shall be deposited to the credit of the oil and gas
139	137		regulation and cleanup fund. This section expires September 1,
140	138		2029.
141	139		SECTION 6. Subchapter E, Chapter 122, Utilities Code, is
142	140		amended by adding Section 122.206 to read as follows:
143	141		Sec. 122.206. DEPOSIT OF PENALTIES AND INTEREST. Penalties
144	142		and interest collected under this subchapter shall be deposited to
145	143		the credit of the oil and gas regulation and cleanup fund. This
146	144		section expires September 1, 2029.
147	145		SECTION 7. To the extent of any conflict, this Act prevails
148	146		over another Act of the 85th Legislature, Regular Session, 2017,
149	147		relating to nonsubstantive additions to and corrections in enacted
150	148		codes.
151	149		SECTION 8. Except as otherwise provided by this Act, this
152	150		Act takes effect September 1, 2017.